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I was given an engagement ring as a friendship ring, with no intention of getting married, understood by both parties. It is his mothers and she insisted that he give it to me and not buy one. We are now going through a nasty separation. Do I have to give the ring back?
Optional Information: State/Country of Question: New Jersey Already Tried: I have the ring in my possesion. Also, if I am required to give it back can I use it as leverage to get charges dropped?
What state are you in?
New Jersey
Thank you. In New Jersey, the courts have held that an engagement ring is a conditional gift given in return for the promise of marriage. If the engagement is broken off, the ring must be returned. However, your situation is slightly different in that there was no condition of marriage to this gift. If you can prove that the ring was given to you without the expectation of marriage, then it is not a conditional gift, and you are entitled to keep it.
The ring was given to me with out witnesses and the conversation went as such. Him:I have something for you. (gets the ring) him: Here. (no question "will you marry me") Me: This is a friendship ring and I will wear it. Him: That's fine. I never told anyone it was an engagement ring and stuck to it being a friendship ring with out any complaints from him. I have not worn it for 3 months.
You would have to prove to the court that it wasn't an engagement ring. You can do this through your testimony and his testimony that he never asked you to marry him. If you call it a "friendship ring", the court may apply the same conditional gift rule in that since you are no longer friends, the ring should be returned.
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